Chapter 122
CANNABIS ESTABLISHMENTS
Section
General Provisions
122.03 State and local requirements
GENERAL PROVISIONS
122.01 PURPOSE.
Cannabis use is a recognized adult activity by the State of New Mexico. Therefore, the land use will have regulations necessary to ensure that times, locations and the manner in which is the business is operated is appropriate for the health, safety, morals, and general welfare of the residents and businesses within the city.
(Ord. 21-30)
122.02 DEFINITIONS.
All definitions in this chapter are pursuant to the Cannabis Regulation Act, including all implementing regulations, as the Act and implementing regulations are amended.
(Ord. 21-30)
122.03 STATE AND LOCAL REQUIREMENTS.
(A) Any cannabis establishment which does not have an applicable state license, pursuant to the New Mexico Cannabis Regulation Act and New Mexico Administrative Code (NMAC), Title 16, Chapter 8, is prohibited within the city.
(B) Any cannabis operation proposing to do business within the city shall obtain all necessary approvals and permits from the city as set forth in this chapter, prior to any business being conducted.
(C) Every cannabis business applicant shall submit to the city a copy of its approved state license or provisional state license application required for operation at the time of application to the city for business license in accordance with Chapter 110. The submittal shall include the complete application submitted to the state.
(1) Each application will be assessed a business license fee of $250; and
(2) Upon renewal on or before March 15th of each year, each cannabis business must provide a current copy of its state license and pay an annual renewal fee of $250.
(D) The cannabis establishment may be subject to an annual code compliance and Public Safety inspection.
(Ord. 21-30; Am. Ord. 22-13)
122.04 LOCATION RESTRICTIONS.
(A)(1) No cannabis establishment shall be located within 300 feet of the following uses:
(a) Childcare or daycare facilities (commercial or home based).
(b) Public or private educational facilities.
(c) Religious institutions, churches, places of worship, religious assembly facilities.
(d) Any residentially zoned district (including E-1, R-1, R-2, R-3, R-4, R-5, R-6, A-R, M-H, T-Z, and all special use districts with any underlying residential use).
(e) Public facilities as defined in Section 154.03.
(2) All measurements for the purpose of determining the location of a licensed premises in relation to the land uses detailed in subsection (A)(1) of this section shall be the shortest direct line measurement between the actual limits of the real property, meaning property line to property line, including right-of-way as defined in Chapter 96, of the childcare facility, public or private educational facility, religious institution, public facilities or any residentially zoned property, and the licensed premises where cannabis or cannabis products are proposed to be sold, grown for profit, tested, stored, distributed, packaged or manufactured.
(B) No cannabis establishments, regardless of state license type, shall be permitted as a home occupation within the city as defined by Chapter 121.
(C) Retail cannabis establishments which adhere to all requirements within this chapter shall be permitted within C-1: Retail Commercial Zoning Districts.
(D) All other cannabis establishments, with a purpose which is not solely retail sales, and which adhere to all requirements within this chapter shall be permitted within M-1: Industrial and Business Park District.
(E) No cannabis shall be grown in a front yard, as defined in Chapter 154.
(Ord. 21-30; Am. Ord. 22-13)
122.05 ACTIVITY RESTRICTIONS.
(A) Cannabis establishments, regardless of state license type, shall not allow for the sale of cannabis through a drive-up window.
(B) Cannabis establishments shall not conduct any form of business from a food truck or other mobile establishment.
(C) The transportation of cannabis products to consumers is prohibited, with the exception of a licensed retail establishment that has been issued a cannabis courier license for the transport of its own cannabis or cannabis products, in accordance with the Cannabis Regulation Act and Administrative Code (NMAC), Title 16, Chapter 8.
(D) It shall be unlawful for a licensed cannabis establishment to sell cannabis, cannabis products or any products containing tetrahydrocannabinol at any time other than Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m., or on Sunday between the hours of 9:00 a.m. and 5:00 p.m.
(Ord. 21-30; Am. Ord. 22-13)
122.06 NONCONFORMING USES.
Existing cannabis establishments, which have received state licensure, and business registration and zoning approval from the city prior to September 5, 2021, which is the effective date of this chapter, shall be allowed to continue operations. The following licensees at these respective locations are able to continue operations:
(A) Location 1: Purlife – Rio Rancho, 1000 Golf Course Road SE, Suite 101, Rio Rancho, NM 87124.
(B) Location 2: NMTO-Ultra Health, 3851 Southern Boulevard, Suite A101, Rio Rancho, NM 87124.
(C) Location 3: Seven Clover, 1670 Rio Rancho Drive SE, Suite A, Rio Rancho, NM 87124.
(D) Location 4: Natural RX, 2220 Grande Boulevard, Suite C, Rio Rancho, NM 87124.
(E) Location 5: Verdes Foundation, 2320 Grande Boulevard SE, Suite B, Rio Rancho, NM 87124.
(Ord. 21-30)